PRASHANT PRAVINBHAI KANABAR Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioners in all these petitions are medical students. Some of them have passed Third M.B.B.S. examination; are at present undergoing Internship and they will be seeking admission; to post-graduate degree/diploma medical courses in the academic term this year beginning from March 1990 They are challenging tie Rules Governing Admissions to Post Graduate Degree & Diploma Medical Courses other than M. CH. & D. M. at the affiliated Medical Colleges effective from 1-1-1989 as some of the Rules will certainly and some are likely to affect them adversely in determination of their merit for the purpose of admission to post-graduate medical courses.

(2.) Petitioners in Special Civil Application No. 336 of 1990 are students at present studying in First M.B.B.S. They are all outsiders in the sense that they passed their Higher Secondary Certificate Examination or equivalent examination from other States and not from Gujarat They got admission to First M.B.B.S. course in B. J. Medical College run by the Government of Gujarat on the basis of their performance at the Pre-Medical Entrance Test conducted by the Central Board of School Education They and some of the petitioners of Special Civil Application No. 8649 of 1989 are not now seeking admission to post-graduate degree/diploma medical courses but they have approached this Court as the new rules will affect them adversely and because validity of new rules is challenged by others and whatever is decided in their petitions will be applicable to them.

(3.) In the area of Gujarat University there are two Medical Colleges - one is B.J. Medical College at Ahmedabad run by the Government and the second is N.H.L. Municipal Medical College run by the Ahmedabad Municipal Corporation Both these Institutions have the facility of imparting post-graduate instructions. Both these institutions are approved by the University for that purpose Though the said two Institutions are under the administrative control of the Government and the Ahmedabad Municipal Corporation respectively as far as academic aspect is concerned they aro under the control of the Gujarat University Any admission to or registration in post-graduate courses can be given only by the University and not by the Government or the Municipal Corporation However right from the time the University was established registration in post-graduate medical courses was groverned by the Rules made by the Government in exercise of its administrative powers Some of those rules were challenged in 1982 in this Court and while disposing of the said writ petition this Court directed the University to frame rules for admission to post-graduate courses. Accordingly the Gujarat University in exercise of its powers under the Gujarat University Act 1949 and the Ordinances made thereunder framed rules known as Rules for Preparation of Merit List for Admission to P G Medical Course effective from the year 1985. Amendments to the Rules were made from time to time In October 1988 the University again amended the Rules in view of the directive of the Supreme Court that 25% of the total available seats in academic year in variOus post-graduate degree/diploma courses in each subject should be filled up on the basis of All India Competitive Entrance Examination for admission to post-graduate medical courses and the recommendations made by an Export Committee appointed by the University to fix the criteria for judging merits of the students for admission to post-graduate courses Those Rules were notified and published for the benefit of the students in October 1988 and were made effective from 1/01/1989 Rules relevant for our purposes are quoted below :